Keith Starrett

The case involved a dispute over whether Plaintiff PIC Group could recover various categories of attorney’s fees from Defendant LandCoast Insulation under an indemnity clause in their Subcontractor Agreement, which arose after a scaffolding collapse. The court denied Defendant’s motion for partial summary judgment, holding that the indemnity provision was clear and unambiguous under Georgia law and broad enough to cover fees incurred in enforcing the agreement itself. It also found that fees for independent counsel retained by the insured under a reservation of rights could be recoverable and that challenges to the reasonableness of the fees were premature because discovery was incomplete.

business & regulatoryprocedure

The case involved a business dispute between Jimmy Harrell, his companies Different Drummer Ultramedia, LLC and My South Foods, LLC, and Robert St. John over joint ventures to produce and market a cooking television pilot show and related food products using St. John's recipes and brand. Harrell alleged ownership and copyright infringement claims concerning websites, catalogs, books, and the pilots after the ventures failed and the parties disagreed on progress and dissolution. The court granted the defendants' motion for summary judgment and dismissed the complaint with prejudice. It reasoned that the plaintiffs were not the real parties in interest for some claims, conceded others, and provided no evidence of infringement or improper actions by St. John, who was properly marketing the pilots on behalf of the LLC.

business & regulatoryproperty

This case involved a lawsuit by plaintiff Ochello against Liberty Mutual Fire Insurance Company seeking uninsured and underinsured motorist benefits under an auto policy for injuries from two accidents in 2005 and 2006, along with claims for breach of contract and bad faith. Liberty moved for summary judgment, arguing the claims were time-barred. The court granted the motions and dismissed the complaint with prejudice, holding that the statute of limitations for uninsured claims began when Ochello knew or should have known the other drivers were uninsured or underinsured, which occurred shortly after each accident, and that later payments by the insurer did not toll or reopen the limitations period.

business & regulatorytorts & liabilityprocedure

The case involved the Estate of Mississippi attorney J.C. Ainsworth suing Louisiana attorneys Gary Boutwell and his firm for one-third of contingency fees from a 2010 settlement in a Louisiana motor vehicle accident case, based on a 2005 fee-splitting agreement initiated by Ainsworth to handle claims he could not litigate himself. The defendants moved to dismiss for lack of personal jurisdiction. The court granted the motion and dismissed the case without prejudice, holding that the defendants lacked sufficient minimum contacts with Mississippi to satisfy due process. The core reasoning was that the defendants had not purposefully directed their activities at Mississippi residents, the underlying legal work occurred entirely in Louisiana, Ainsworth initiated the relationship, and the communications at issue did not constitute the alleged breach or performance of the contract.

procedure

This product liability case arose from a 2007 accident in which plaintiff James Elliot, a farm worker, was seriously injured while repairing an Amadas 9900 peanut combine when the separator mechanism was activated, resulting in the amputation of both legs below the knees and vision loss. Plaintiffs sued the manufacturers under the Mississippi Products Liability Act, alleging strict liability, negligence, breach of warranties, and defects in design and warnings. The court granted the defendants' motions to exclude the testimony of plaintiffs' expert Jack Sparks on grounds of untimely disclosure and lack of reliability under Daubert standards, as the expert had not inspected the machine and his opinions on design alternatives and warnings were deemed unsupported. Without that expert evidence, the court found no genuine issue of material fact on essential elements such as causation or feasible design alternatives, granted summary judgment to the defendants, and declared the remaining motions moot.

torts & liabilityprocedure

In PIC Group, Inc. v. LandCoast Insulation, Inc., the court considered a motion for partial summary judgment by subcontractor LandCoast Insulation seeking a declaratory judgment that an indemnification clause in its contract with PIC was void and unenforceable under Georgia law because it shifted liability for personal injury claims. The court denied the motion, holding that the indemnification provisions were enforceable. The core reasoning was that Georgia precedent permits enforcement of such clauses when paired with insurance requirements that shift the risk of loss to the insurer regardless of fault; here, the contract mandated comprehensive general liability insurance covering contractual liability assumed under the agreement, along with workers' compensation coverage, which together satisfied the statutory exception in O.C.G.A. § 13-8-2(b).

business & regulatorytorts & liability

The case concerned a dispute in which Kenneth and Minnie Allen sued Regions Bank, as successor to their original lender, and USLIC, the insurer, after the defendants denied the existence of disability and life insurance policies purchased in connection with a 1999 loan; the Allens asserted claims including breach of trust, fraud, breach of contract, and bad faith. Following a Fifth Circuit remand, the district court granted Regions Bank's and USLIC's motions to compel arbitration and stayed proceedings. The court reasoned that a valid arbitration agreement existed in the Regions Deposit Agreement mailed to account holders, that its broad language encompassed claims relating to the loan and third-party insurers, and that the agreement expressly permitted Regions to require arbitration of all claims in a lawsuit involving a third party such as USLIC.

procedurebusiness & regulatory

PIC Group sued LandCoast Insulation after scaffolding installed by LandCoast at a Mississippi power plant collapsed, injuring workers and killing one; PIC sought a declaratory judgment that LandCoast must defend and indemnify it under their subcontract, along with negligence, breach, and bad-faith claims. The sole issue addressed was whether the broad indemnification clause was unenforceable as void under the governing law. The court applied Georgia law per the contract's choice-of-law provision and examined Georgia's statute (O.C.G.A. § 13-8-2) that voids construction-contract indemnity clauses requiring indemnification for the indemnitee's sole negligence. It noted Mississippi's similar statute but concluded it was bound by Georgia precedent interpreting such clauses, including on severability and whether partial negligence by the indemnitor saves the provision.

business & regulatorytorts & liability

Richard Gerald Jordan was convicted of capital murder during a kidnapping after multiple trials spanning 1976 to 1998 and received a death sentence that is the subject of this federal habeas petition under 28 U.S.C. § 2254. The petition raised claims including ineffective assistance of counsel related to psychiatric evaluations, competency determinations, and other trial issues from prior proceedings. The district court reviewed the state court record and applicable precedents such as Strickland v. Washington, concluding that Jordan failed to demonstrate entitlement to relief. The court therefore denied the petition and dismissed the action with prejudice.

criminal lawprocedure

Bobby Halford, a former employee of No Hope Logging, Inc., sued the company and one of its owners under the Fair Labor Standards Act for unpaid overtime wages. The defendants sought summary judgment on the ground that No Hope Logging qualified for the forestry exemption because it never employed more than eight workers at any given time. The court granted the motion, concluding that the logging company and the separately incorporated trucking company owned by the same individuals were distinct entities, that the trucking company functioned as an independent contractor, and that the plaintiff presented no evidence that the companies were alter egos created to evade FLSA requirements.

labor & employmentbusiness & regulatory

The case involves plaintiff Ella Jones suing Regions Bank and Lot Solutions Inc. over the denial of benefits under a debt protection rider attached to her 2005 car loan, alleging breach of contract, breach of good faith and fair dealing, and fraud based on claims that she was not provided the policy terms including a pre-existing condition exclusion. The defendants moved to compel arbitration under the Federal Arbitration Act, citing mandatory arbitration provisions in the loan note and rider. The court granted the motion, holding that the documents formed a single contract containing a valid arbitration agreement, that the plaintiff's claims were arbitrable under it, and that the non-signatory defendant was bound by estoppel because the plaintiff had sued both parties under the same contract. The litigation was dismissed without prejudice subject to refiling to enforce any arbitration award.

procedurebusiness & regulatory

In Stepney v. City of Columbia, plaintiff Godfrey Stepney sued police officer David Huber and the City of Columbia after Huber conducted a traffic stop and forcibly removed Stepney from his vehicle, throwing him to the ground and causing injuries. The court denied Huber's motion for summary judgment, finding sufficient evidence that Huber used excessive force in violation of the Fourth Amendment and that qualified immunity did not apply because the conduct was objectively unreasonable under clearly established law. However, the court granted the City's motion for summary judgment because Stepney did not present evidence of an official policy or custom ratifying excessive force, nor that the City's hiring, training, or supervision policies showed deliberate indifference to constitutional violations. The decision was based on viewing facts in the light most favorable to Stepney for the officer's liability, but finding no municipal liability under the applicable standards.

criminal lawcivil rightsprocedure

In McSwain v. Sunrise Medical, Inc., the plaintiff Roy McSwain sued the manufacturers of a custom wheelchair after he tipped backward and injured himself while using the chair, which lacked anti-tip tubes that he had noticed were missing upon delivery. The court granted the defendants' motion for summary judgment, dismissing all claims including product liability, negligence, gross negligence, and breach of warranty. The reasoning was that the plaintiff failed to present evidence of a feasible alternative design or that the product did not perform as expected under the Mississippi Products Liability Act, the hazard was open and obvious, he assumed the risk by using the wheelchair without reading the manual, and there was insufficient evidence to support the warranty claims as he had no direct dealings with the manufacturers.

torts & liabilityprocedure

This case involves claims by 17 employees against Wayne Farms LLC under the Fair Labor Standards Act for unpaid wages related to off-line activities such as donning and doffing job clothing and walking to the processing line, which were not captured by the company's master time card tracking system at its Laurel, Mississippi plant. The court granted the defendant's motion for reconsideration, struck the plaintiffs' supplemental initial disclosures that increased their claimed uncompensated time from up to 12 minutes to up to 42 minutes daily, and granted partial summary judgment in favor of Wayne Farms on those claims. The core reasoning was that Wayne Farms had already provided compensation through five minutes of daily personal time plus five minutes from the paid lunch break, which covered the alleged unpaid time, and the supplemental disclosures improperly amended the claims without new factual information. The court also noted that periods of approximately 10 minutes are generally considered de minimis under FLSA precedents.

labor & employmentprocedure

The case involved a patient, Mrs. Hughes, who suffered burns during a hydrothermal ablation procedure using Boston Scientific's HTA medical device, which allegedly malfunctioned by leaking hot fluid despite its safety features. The plaintiff sued the manufacturer on product liability claims including negligence and strict liability. The court granted the defendant's motion for summary judgment and dismissed the complaint with prejudice. The core reasoning was that the claims were preempted by federal FDA regulations governing Class III medical devices with premarket approval, and that evidence of a subsequent recall was inadmissible under Federal Rule of Evidence 407 to prove a defect.

torts & liabilityhealthcare

Dr. Clint Nichols, a non-tenured adjunct professor in the University of Southern Mississippi's School of Music, made comments during conversations with a student about homosexuality and related topics that the student found offensive and reported as violating the university's nondiscrimination policy. The university investigated the complaint through its affirmative action office and administrators, notified Nichols of the policy violation during a meeting, allowed him to finish his Fall 2007 contract, reassigned the student, and did not renew his employment. Nichols sued the university and officials, claiming issues with the handling of the complaint, confidentiality, and his employment termination. The district court granted the defendants' motion for summary judgment, concluding that the university followed its policies on discrimination complaints and that no evidence supported claims of improper conduct by the defendants.

free speechcivil rightslabor & employment

The case involved a dispute between the Allen family and Regions Bank (as successor to First American/AmSouth) over the denial of disability and credit life insurance benefits tied to a 1999 loan secured by a deed of trust. The plaintiffs sued for breach of trust, fraud, breach of contract, and bad faith after coverage was denied. Regions moved to compel arbitration and stay proceedings, relying on arbitration clauses in separate deposit account agreements the Allens had signed in 2001 and 2007. The court denied the motion, holding that those clauses did not unambiguously modify or cover disputes arising under the original loan agreement.

business & regulatoryprocedure

This case involved a contract dispute between Unity Communications, a reseller of wireless and other telecommunications services, and AT&T Mobility (formerly Cingular), concerning Reseller Agreements signed starting in 1997 under which Unity purchased network access. Unity alleged that ATTM breached the agreements by failing to offer digital services on equal terms to resellers, which contributed to Unity's business failure, and brought claims including breach of contract and tortious breach of contract; ATTM counterclaimed for unpaid balances under the agreements and related notes. The court granted ATTM's motion for partial summary judgment, dismissing the breach of contract and tortious breach of contract claims with prejudice and enforcing the agreements' damages limitation provisions. It further awarded ATTM judgment on the counterclaim for principal amounts totaling over $1.1 million. The court reasoned that the contractual terms, including volume requirements and liability limits enforceable under Georgia law, barred the dismissed claims and supported the counterclaim amounts.

business & regulatoryproceduretorts & liability

The case involved a nine-year-old student who was repeatedly checked out of a public elementary school by a non-relative, Tommy Keyes, who then molested, raped, and sodomized her, due to the school's failure to consult its permission-to-check-out form or verify the individual's identity despite a mandatory attendance policy. The plaintiffs sued the school district and officials under 42 U.S.C. §§ 1983 and 1985, alleging a violation of the student's due process rights, along with state tort claims. The court granted the defendants' motion to dismiss on qualified immunity grounds, holding that no DeShaney "special relationship" arose between the school and the student solely because of her young age and compulsory attendance laws, meaning the defendants owed no constitutional duty to protect her from harm by non-state actors. As a result, the federal claims were dismissed with prejudice, while the state law claims were dismissed without prejudice.

civil rightsprocedure

The case involves Joseph Walker, who was injured when he slipped and fell from a fixed ladder designed and manufactured by defendant Koch to access a machine at his workplace, along with his wife's derivative claims. Walker sued under the Mississippi Product Liability Act alleging design defect and inadequate warning, as well as claims for negligence, breach of warranties, and punitive damages. The court granted Koch's motion for summary judgment on manufacturing defect, breach of express warranty, breach of implied warranty of fitness for a particular purpose, punitive damages, and standalone negligence claims. It denied summary judgment on design defect, inadequate warning, and breach of implied warranty of merchantability, finding genuine issues of material fact on those claims and on affirmative defenses including assumption of risk and open and obvious danger.

torts & liabilityprocedure